(a) 
In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water.
(b) 
Water uses regulated or prohibited under this drought contingency plan are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 22.06.070 of this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(a); Resolution 24-152 adopted 6/18/2024)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of providing a public meeting to provide opportunity to allow public input. The meeting was publicly announced through The Examiner. The notice for the meeting was posted at City Hall, 801 Main St., and the meeting was held June 18, 2024.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(b); Resolution 24-152 adopted 6/18/2024)
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of social media, press releases, and/or utility bill flyers.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(c); Resolution 24-152 adopted 6/18/2024)
The service area of the city is located within the Region I East Texas regional water planning area and the city has provided a copy of this plan to Region I East Texas.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(d); Resolution 24-152 adopted 6/18/2024)
The city manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(e); Resolution 24-152 adopted 6/18/2024)
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(f); Resolution 24-152 adopted 6/18/2024)
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and institutional water use.
Water use which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
Any person, company, or organization using water supplied by the city (name of your water supplier).
Dedicated zone.
A zone in which an irrigation system sections off a part of the yard that is connected to a single control valve.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Even-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
Foundation watering.
An application of water to the soils directly abutting (within 2 feet) the foundation of a building, structure.
Industrial water use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape irrigation use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Major water user.
Major water users are users who consume over 27,400 gallons/day or 10,000,000 gallons/year of water.
Nonessential water use.
Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(g); Resolution 24-152 adopted 6/18/2024)
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified "triggers" are reached. The triggering criteria described below are based on known system capacity limits. Future improvements to the city's water system will increase capacity and this plan will be modified to reflect the system's upgraded capacity.
(1) 
Stage 1 triggers - mild water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses defined in section 22.06.067 definitions, when total daily water demand equals or exceeds thirty-five million (35,000,000) gallons for three (3) consecutive days or thirty-six million (36,000,000) gallons on a single day.
(B) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days.
(2) 
Stage 2 triggers - moderate water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 22.06.069 of this plan when the total daily water demand equals or exceeds thirty-six million (36,000,000) gallons for three (3) consecutive days or thirty-seven million (37,000,000) gallons on a single day.
(B) 
Requirements for termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 2, stage 1, or the applicable drought response stage based on the triggering criteria, becomes operative.
(3) 
Stage 3 triggers - severe water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for stage 3 of this plan when the total daily water demand equals or exceeds thirty-seven million (37,000,000) gallons for three (3) consecutive days or thirty-eight million (38,000,000) gallons on a single day.
(B) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 3, stage 2, or the applicable drought response stage based on the triggering criteria, becomes operative.
(4) 
Stage 4 triggers - critical water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for stage 4 of this plan when the total daily water demand equals or exceeds thirty-nine million (39,000,000) gallons for three (3) consecutive days or forty million (40,000,000) gallons on a single day.
(B) 
Requirements for termination.
Stage 4 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of two (2) consecutive days. Upon termination of stage 4, stage 3, or the applicable drought response stage based on the triggering criteria, becomes operative.
(5) 
Stage 5 triggers - emergency water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for stage 5 of this plan when the city manager, or his/her designee, determines that a water supply emergency exists based on:
(i) 
Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(ii) 
Natural or man-made contamination of the water supply source(s).
(B) 
Requirements for termination.
Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(h); Resolution 24-152 adopted 6/18/2024)
(a) 
Generally.
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 22.06.068 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(1) 
Notification of the public (all trigger stages).
The city manager or his/her designee shall notify the public by means of:
(A) 
Publication in a newspaper of general circulation;
(B) 
Public service announcements (social media, local television, and/or radio stations).
(2) 
Additional notification.
The city manager or his/her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
(A) 
The mayor and members of the city council and the city fire department (all trigger stages);
(B) 
City and/or county emergency management coordinator (trigger stage 3 or above);
(C) 
TCEQ (required when mandatory restrictions are imposed) (triggers 4 and 5);
(D) 
Major water users (trigger stage 3 and above);
(E) 
Critical water users, i.e., hospitals, prisons, etc. (trigger stage 3 and above);
(F) 
Parks/street superintendents and public facilities managers (any trigger stage).
(b) 
Stage 1 response - mild water shortage conditions.
(1) 
Target.
Achieve a voluntary eight (8) percent reduction in total water demand.
(2) 
Supply management measures.
Reduced flushing of water mains.
(3) 
Voluntary water use restrictions for reducing demand.
(A) 
Retail.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(ii) 
All operations of the city shall adhere to water use restrictions prescribed for stage 1 of the plan.
(iii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for nonessential purposes.
(B) 
Wholesale.
(i) 
The city manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use.
(ii) 
The city manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(c) 
Stage 2 response - moderate water shortage conditions.
(1) 
Target.
Achieve a ten (10) percent reduction in total water demand.
(2) 
Supply management measures.
(A) 
Reduced or discontinued flushing of water mains;
(B) 
Discontinue fire hydrant testing;
(C) 
Reduced or discontinued irrigation of public landscaped areas;
(D) 
Implement measures to return all system components to full production capacity.
(3) 
Water use restrictions for demand reduction.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(A) 
Retail.
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or a drip irrigation system.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(iii) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(vi) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the city, the facility shall not be subject to these regulations.
(vii) 
All restaurants are prohibited from serving water to patrons except upon request of the patron.
(viii) 
The following uses of water are defined as nonessential and are prohibited:
a. 
Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
b. 
Use of water to wash down buildings or structures for purposes other than immediate fire protection or foundation watering as described in section 22.06.067;
c. 
Use of water for dust control;
d. 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(B) 
Wholesale.
(i) 
The city manager, or his/her designee(s), will request wholesale water customers to initiate mandatory measures to reduce nonessential water use outlined in stage 2 response of the drought contingency plan for retail.
(ii) 
The city manager, or his/her designee(s), will initiate weekly contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries.
(iii) 
The city manager, or his/her designee(s), will further prepare for the implementation of pro rata curtailment of water diversions and/or deliveries by preparing a daily water usage allocation baseline for each wholesale customer.
(iv) 
The city manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(d) 
Stage 3 response - severe water shortage conditions.
(1) 
Target.
Achieve a twelve and one-half (12.5) percent reduction in total water demand.
(2) 
Supply management measures.
(A) 
All measures described for stage 2;
(B) 
Aggressively locate and repair major water main leaks and breaks.
(3) 
Water use restrictions for demand reduction.
All requirements of stage 2 shall remain in effect during stage 3 except:
(A) 
Retail.
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, permanently installed automatic sprinkler systems, or hose-end sprinklers with a timing device only. The use of hose-end sprinklers without a timing device is prohibited at all times.
(ii) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the city.
(iii) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(iv) 
Foundation watering (within 2 feet) and watering of trees may occur for two hours one day per week with a hand-held hose or with a dedicated zone using a drip irrigation system and/or soaker hose, provided no runoff occurs.
(B) 
Wholesale.
(i) 
The city manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce nonessential water use outlined in stage 3 response of the drought contingency plan for retail.
(ii) 
The city manager, or his/her designee(s), will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer.
(iii) 
The city manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(e) 
Stage 4 response - critical water shortage conditions.
(1) 
Target.
Achieve a seventeen and one-half (17.5) percent reduction in total water demand.
(2) 
Supply management measures.
All measures described in stages 2 and 3.
(3) 
Water use pestrictions for reducing demand.
(A) 
Retail.
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial carwashes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) 
The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect.
(vi) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(B) 
Wholesale.
(i) 
The city manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce nonessential water use outlined in stage 4 response of the drought contingency plan for retail.
(ii) 
The city manager, or his/her designee(s), will continue the pro rata curtailment of water diversions and/or deliveries for each wholesale customer.
(iii) 
The city manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(f) 
Stage 5 response - emergency water shortage conditions.
(1) 
Target.
Achieve a thirty (30) percent reduction in total water demand.
(2) 
Supply management measures.
(A) 
All measures described in stages 2, 3, and 4.
(3) 
Water use restrictions.
All requirements of stage 2, 3, and 4 shall remain in effect during stage 5 except:
(A) 
Retail.
(i) 
Irrigation of landscaped areas is absolutely prohibited, except soaker hoses, hand-held hoses or a dedicated zone using a drip irrigation system may be used to water trees up to two hours per week or foundations as necessary, provided no runoff occurs.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(iii) 
All water usage except that required to protect the public health, safety, and welfare is prohibited; or
(B) 
Wholesale.
Whenever emergency water shortage conditions exist as defined in section 22.06.068 of the plan, the city manager or his/her designee(s), shall:
(i) 
Assess the severity of the problem and identify the actions needed and time required to solve the problem.
(ii) 
Inform the utility director or other responsible official of each wholesale water customer by telephone or in person and suggest actions, as appropriate, to alleviate problems.
(iii) 
If appropriate, notify city, county, and/or state emergency response officials for assistance.
(iv) 
Undertake necessary actions, including repairs and/or clean-up as needed.
(v) 
Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(i)–(n); Ordinance 08-040, sec. 30, adopted 5/13/08; Resolution 24-152 adopted 6/18/2024)
(a) 
Retail.
(1) 
No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city manager, or his/her designee, in accordance with provisions of this plan.
(2) 
Any person who violates this plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand dollars ($2,000.00). Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three (3) or more distinct violations of this plan, the city manager, or his/her designee, shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established by the city's adopted fee schedule, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(3) 
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children, and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.
(4) 
A police officer, or other city employee designated by the city manager may issue a citation or summons to appear to a person he/she reasonably believes to be in violation of this division.
(b) 
Wholesale.
During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water services:
(1) 
One hundred ten (110) percent of the normal water rate for water diversions and/or deliveries in excess of the amount in the pro rata allocation up through five (5) percent above the gallons per day allocation.
(2) 
One hundred twenty (120) percent of the normal water rate for water diversions and/or deliveries in excess of the amount in the pro rata allocation from five (5) percent through ten (10) percent above the gallons per day allocation.
(3) 
One hundred fifty (150) percent of the normal water rate for water diversions and/or deliveries in excess of the amount in the pro rata allocation from ten (10) percent through fifteen (15) percent above the gallons per day allocation.
(4) 
Two (2) times the normal water rate for water diversions and/or more than fifteen (15) percent above the pro rata gallons per day allocation.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(o); Resolution 24-152 adopted 6/18/2024)
(a) 
The city manager, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within five (5) days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this article.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(8) 
Other pertinent information.
(c) 
Variances granted by the city manager shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(p); Resolution 24-152 adopted 6/18/2024)
In the event that the triggering criteria specified in section 22.06.068(3) of the plan for stage 3 severe water shortage conditions have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section § 11.039 and according to the following water allocation policies and procedures:
(1) 
The city will include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, § 11.039.
(2) 
A wholesale customer's daily allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city as conditions warrant. Once pro rata allocation is in effect, water diversions or by deliveries to each wholesale customer shall be limited to the allocation established.
(3) 
A daily water usage allocation shall be established by the city manager or his/her designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by day for the previous five (5) year period. If the wholesale water customer's billing history is less than five (5) years, the daily average for the period for which there is a record shall be used for any daily period for which no billing history exists.
(4) 
The city manager shall provide notice, by certified mail, to each wholesale customer informing them of their daily water usage allocations and shall notify the news media and the executive director of the TCEQ upon initiation of pro rata water allocation.
(5) 
Upon request of the customer or at the initiative of the city manager the allocation may be reduced or increased if:
(A) 
The designated period does not accurately reflect the wholesale customer's normal water usage;
(B) 
The customer agrees to transfer part of its allocation to another wholesale customer; or
(C) 
Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(q); Ordinance 08-040, sec. 30, adopted 5/13/08; Ordinance 19-074 adopted 11/12/19; Resolution 24-152 adopted 6/18/2024)
An alternative water source for the city is a Water Supply Agreement and Mutual Release with the LNVA for uninterrupted surface water supply. The agreement with the LNVA is for storage of 6,000 acre-feet (1,955 MG) during times of drought. The city has secured an additional water supply up to 6,000 ac-ft per year amounting to 5.4 MGD over the course of a year, or 20 MGD for a span of 98 days.
(Resolution 24-152 adopted 6/18/2024)